[F12(1)The functions listed in sub-paragraph (2), so far as exercisable in relation to Welsh fishing boats beyond the seaward limit of the Welsh zone, are exercisable concurrently with the Welsh Ministers.U.K.
(2)The functions are—
(a)functions of a Minister of the Crown under the following provisions of the Sea Fish (Conservation) Act 1967—
(i)section 1(3), (4) and (6) (size limits for fish carried by fishing boat);
(ii)section 3(1), (3) and (4) (regulation of nets and other fishing gear);
(iii)section 5 (power to restrict fishing for sea fish);
(iv)section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act);
(b)functions of a Minister of the Crown or the Marine Management Organisation under the following provisions of the Sea Fish (Conservation) Act 1967—
F2(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)section 4A (licensing of vessels receiving trans-shipped fish);
(c)functions of a Minister of the Crown under the following provisions of the Sea Fisheries Act 1968—
(i)section 5(1) and (2)(a) (regulation of conduct of fishing operations);
(ii)section 7(1)(g) and (2) (appointment of British sea-fishery officers);
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)functions of a Minister of the Crown under section 30(2) of the Fisheries Act 1981 (enforcement of Community rules).
(3)Any provision of section F4... 4A of the Sea Fish (Conservation) Act 1967 requiring the consent of the Treasury to the exercise of a function does not apply in relation to the exercise of the function by the Welsh Ministers by virtue of this paragraph.
(4)In this paragraph “"Welsh fishing boat”” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging.]
Textual Amendments
F1Sch. 3A inserted (8.1.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2
F2Sch. 3A para. 2(2)(b)(i) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 10(2)(b) (with Sch. 4 para. 31)
F3Sch. 3A para. 2(2)(d) omitted (23.11.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(1)(c), Sch. 6 para. 4(2)(b) (with Sch. 4 para. 31)
F4Words in Sch. 3A para. 2(3) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 10(2)(c) (with Sch. 4 para. 31)